B.C. v. State (In Re State Ex Rel. B.C.)
2018 UT App 125
| Utah Ct. App. | 2018Background:
- Juvenile court terminated the parental rights of T.C. (Mother) and B.C. (Father); parents appealed.
- Court relied on a totality of circumstances including: child's positive drug test at birth, Mother’s multiple positive drug tests, attempts to tamper with drug tests, lack of substantial compliance with the service plan, problematic interactions with DCFS and foster parents, and erratic behavior toward medical staff.
- Parents argued the court improperly based termination solely on Mother’s drug use under Utah Code § 78A-6-508(2)(c).
- Parents also raised several procedural and evidentiary challenges: an alleged requirement to sign a DOPL release, an erroneous finding that Father failed to obtain a substance-abuse evaluation, contested findings about Mother’s conduct with a doctor, and the admission of criminal-history evidence under Utah R. Evid. 404(b).
- The juvenile court entered findings and concluded termination was warranted; the appellate court reviewed for clear error and abuse of discretion.
Issues:
| Issue | Parents' Argument | State's Argument | Held |
|---|---|---|---|
| Whether Mother’s drug use alone can support termination under § 78A-6-508(2)(c) | Juvenile court erred if it treated drug use alone as sufficient; statute requires inability to care for child | Court relied on multiple factors beyond drug use; drug use is inconsistent with responsible parenting | Court affirmed — decision based on totality, not drug use alone |
| Whether requiring Mother to sign DOPL release violated law | Order unlawfully required DOPL release under § 58-37f-302(2) | Parents failed to object below; issue not preserved | Not reached — unpreserved on appeal |
| Whether finding Father failed to obtain substance-abuse evaluation was clearly erroneous | Father argued court erred because no such order was made | Error is harmless because services (except drug testing) were voluntary and court did not rely on the misstatement | Court found the finding erroneous but harmless; outcome unaffected |
| Whether juvenile court erred in findings about Mother’s conduct with doctor/staff | Mother contended findings were inaccurate/inartful | Record showed a loud confrontation and doctor curtailed meetings out of concern for staff/patients | Findings supported by record; not clearly erroneous |
| Whether admission of parents’ criminal histories violated Utah R. Evid. 404(b) | Parents objected that prior acts were used impermissibly to show character | Criminal history was relevant to parental fitness and stability — permissible non-character purpose | Admission upheld as relevant to parental competency |
Key Cases Cited
- In re B.R., 171 P.3d 435 (Utah 2007) (standard for overturning juvenile court termination and appellate review of factual findings)
- In re E.R., 21 P.3d 680 (Utah Ct. App. 2001) (deference to juvenile court credibility findings and judges’ expertise)
- In re S.Y., 66 P.3d 601 (Utah Ct. App. 2003) (methamphetamine use inconsistent with responsible parenting)
- In re A.C.M., 221 P.3d 185 (Utah 2009) (parent’s criminal history relevant in termination proceedings)
- State v. Evans, 20 P.3d 888 (Utah 2001) (harmless-error standard)